PESHAWAR: A Peshawar High Court bench on Thursday referred the petition of PTI leader Senator Azam Khan Swati against the rejection of his nomination papers and some other petitions to the Chief Justice for constituting a larger bench for hearing.
The development came after Justice Ijaz Anwar and Justice Syed Arshad Ali heard several petitions against the rejection or acceptance of nomination papers, mostly revolving around the question about the eligibility of fugitives from justice to stand in elections.
It observed that as the petitions raised an important question of the law, the cases were referred to the chief justice for the formation of a larger bench.
The petitions included the one filed by Mr Swati, who is currently in hiding, against the decision of the returning officer of NA-15 Mansehra to reject his nomination papers and that of the Abbottabad election appellate tribunal to uphold it.
Similarly, three petitions were filed by PPP candidate in Swabidistrict Biland Khan, who challenged the acceptance of nomination papers of PTI leader and former provincial senior minister Shahram Khan Tarakai for Swabi’s NA- 20 and PK-52 and PK-53 seats.
Petitions are mostly about eligibility of absconders to contest polls
Two other petitions were filed by residents of Mardan, including Ahsanul Haq and Shahnam Mohammad, against the acceptance of appeals of former senior minister and PTI leader Mohammad Atif Khan by the election appellate tribunal and restoration of his candidature for NA- 22 Mardan and PK-59 Mardan.
The name of Pakistan Muslim League-Nawaz leader retired Captain Mohammad Safdar also appeared on the petition of Mr Swati. Mr Safdar objected to the nomination papers of Mr Swati before the returning officer and got them rejected.
Barrister Waqar Ali Khan appeared for Mr Swati and contended that his nomination papers were rejected on the ground of being charged in cases related to the May 9 violent protests. He argued that a candidate could not be disqualified on the said ground under Articles 62 and 63 of the Constitution.
Mr Safdar’s counsel Manzoor Khalil contended that the petitioner was an absconder whose signatures were forged on a power of attorney given to a person for submitting his nomination papers.
Mr Safdar also alleged that Mr Swati was involved in attacks on national installations during May 9 protests.
Barrister Wiqar argued that appearing before a returning officer by a candidate in person was not mandatory. He added that the power of attorney was given by the petitioner to his grandson.
The lawyer referred to the case of Senator Ishaq Dar in the Supreme Court and insisted that the PML-N leader, despite being an absconder, contested the Senate polls.
Similarly, in the petitions filed against Shahram Khan Tarakai and Mohammad Atif Khan, the petitioners had adopted the plea that both of them had been absconding in cases but despite that, their nomination papers were accepted by the returning officers and the appellate tribunal, respectively.
Atif’s lawyer Barrister Qasim Wadud had contended before the appellate tribunal that his client nomination papers were rejected on the ground that he was nominated in an FIR registered for staging a protest by the PTI in Mardan. He had claimed that in the case, all former lawmakers of the PTI from Mardan had been charged.
Published in Dawn, January 12th, 2024